Elmira Iron & Steel Rolling Mill Co. v. Harris
New York Court of Appeals
Appeal from a judgment of the general term of the supreme eourt, fourth department, entered on an order affirming a judgment in favor of the defendant Harris, entered upon the verdict of a jury at circuit. The action is brought to recover upon liabilities of the firm of Blood & Co., originally composed of the defendants.
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Appeal from a judgment of the general term of the supreme eourt, fourth department, entered on an order affirming a judgment in favor of the defendant Harris, entered upon the verdict of a jury at circuit. The action is brought to recover upon liabilities of the firm of Blood & Co., originally composed of the defendants. The defendant Harris alone defends, and upon the ground that several years prior to the transactions upon which this action is founded he had withdrawn from the firm. It appears that the plaintiff had had dealings with Blood & Co. prior to Harris’ withdrawal, and that notice…
1Opinion of the CourtParker, J.
The question to be determined is presented by an exception taken to the refusal of the court to direct a verdict in favor of the plaintiff.
The plaintiff insisted that it was the duty of the court to determine, as a matter of law, that the defendant while a member of the firm of Blood & Co. was an ostensible partner. The trial court held otherwise, and submitted to the jury the question whether Harris was an ostensible or dormant partner, with the further instruction that if they should find that he was a dormant partner, then the defendant was entitled to a verdict.
Now, it is the general rule…
2Cases cited7 opinions
- Beecher v. BushMichigan Supreme Court · 1881
- Thompson v. First Nat. Bank of ToledoSupreme Court of the United States · 1884
- Austin v. . HollandNew York Court of Appeals · 1877
- Howell v. . AdamsNew York Court of Appeals · 1877
- National Bank of Salem v. . ThomasNew York Court of Appeals · 1871
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3Cited by15 opinions
- Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1899
- Imperial Shale Brick Co. v. . JewettNew York Court of Appeals · 1901
- Adams v. Texhoma Oil & Refining Co.Court of Appeals of Texas · 1924
- Citizens' National Bank v. . WestonNew York Court of Appeals · 1900
- Gilbert v. WarrenAppellate Division of the Supreme Court of the State of New York · 1900
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